We have recently successfully resolved a Work Injury Damages Claim against our client’s employer for their negligence of his employer in providing a safe workplace.
Facts
Our client was an experienced motor mechanic and working in that capacity when he suffered a devastating injury to his back which resulted in a whole person impairment at or above 15% which entitled him to bring a work injury damages claim against his employer for negligence.
During the course of his duties he (with the assistance of some of his workmates) was required to move a gearbox from a Mitsubishi Pajero which weighed around 150kg. Our client and his workmates used hydraulic jacks to assist with lifting and moving heavy vehicle parts.
The hydraulic jack at the workshop was supposed to have four wheels on the bottom to enable the jack (and the items it was carrying) to be moved. At the time, the jack had only three wheels and a wooden “chock” positioned on one corner of the bottom, so that the jack remained level when stationary. However, it was not as maneuverable as it should have been due to that defect.
The workshop floor was also covered with air-hoses, wooden chocks and other equipment, which represented a clear and obvious trip hazard for workers.
When our client and his workmates tried to move the 150kg gearbox using the faulty hydraulic jack, the jack became stuck and our client tripped on air-hoses, causing him to twist awkwardly and momentarily bear most of the 150kg of the jack on his own. In that moment, he suffered catastrophic damage to his lower back.
Allegations
He alleged his employer breached its duty of care to him to provide a safe work environment; among other things by failing to provide safe, functional and adequate lifting equipment for use in his employment and by failing to ensure that the workshop was free of trip hazards.
Instead the equipment provided by the employer for the lifting of heavy engines and engine parts was either broken or inadequate which meant that the only option for lifting was assisted manual lifts. The employer had also failed to implement a policy or system whereby hoses were not left on the workshop floor presenting a trip hazard.
The Case
As part of the work injury damages claim, our client obtained and relied on a detailed expert report as to the breaches of the duty of care as well as various expert medical reports addressing his ongoing impairment, incapacity for work and loss of income. The employer did not serve an expert repot on liability in reply but did obtain various reports suggesting our client had some capacity for work.
The matter was set down for mediation organised and facilitated by the Personal Injury Commission. The mediation allowed both our client and the respondent employer and their insurer to discuss the matter and enter negotiations to resolve the claim. Whilst the matter did not resolve at mediation, it did resolve a few days later with our client receiving a significant sum of money representing his past and future loss of income and superannuation.
As the matter resolved by negotiation, our client was not required to formally commence his claim by filing proceedings in Court.
If you or anyone you know, has suffered injury from a work-related accident, it is imperative that they obtain early legal advice from an experienced workers compensation solicitor. Doing so, may ensure that, if they are entitled to bring a work injury damages claim, it is considered at an early stage and strategies implemented to ensure maximum compensation is ultimately received.
If you would like to know more contact us on (02) 4050 0330 or book an appointment here.
